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Mike Mansfield is the UK's leading criminal defence barrister, working on well-known cases such as the appeal of the Birmingham Six and the trial of the IRA prisoners who escaped from Whitemoor prison. He has recently been involved in the Stephen Lawrence racial murder case in London.
Interviewed by One-Off Productions, 25 July 1996. |
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Could you start by painting a bit of a picture of the courtroom and the two sides in this case? What sort of team would McDonald's have behind them? And then on top of that, you have solicitors, who are another form of lawyer who will be instructing the barristers. They will have offices, they will have machinery as well, and resources, and access to libraries and all the rest of it. And then the solicitors' firm of course have got a number of people who they'll have in court every day - one, or two, or sometimes three available to do it - and I think one of the most important aspects of the case has been that they will be able to produce daily transcripts of the trial - or at least pay for transcripts to be obtained, so that their barristers have, if you like, a running record to which they have reference, and cross-refer, which is extremely important when you're about to cross-examine, or make a speech that you've got all this kind of information, so McDonalds will undoubtedly have spent a large amount of money in mounting this case, and we're talking about possible costs at the end of the day, as far as they're concerned, I think are estimated at five million. Do you believe that there should have been a jury trial, and what differences would we have seen if it was a jury trial? You can't have a more important issue - it is a global issue that has been taken on here. And, a jury are particularly well-positioned to make factual judgements of this kind. The idea that one person has to come to a judgement on a mass of this material, I think, is a ludicrous proposition. I don't accept that, I think jurors and juries are well-educated and they have a particularly good understanding of what the issues really are about. This isn't really about understanding terribly technical data at the end of the day - it is about a form of honesty, and it is about understanding relationships between, for example, diet and nutrition - it's not a very difficult concept, about deforestation - not a very difficult issue, about conditions in which animals are brought up - not a very difficult issue, about conditions in which workers have to assemble and also try and collectivise their work environment. Those are all very simple issues. There may be difficult surrounding factual matters that they have to assemble, but any jury properly addressed can understand them. So I think there should have been a jury for this. You can't have a more important issue - it is a global issue that has been taken on here. And, a jury are particularly well-positioned to make factual judgements of this kind, and this difference it would make is that I think that a jury is more in tune with the environment - and I mean that in the broadest sense - than a single judge. The idea that one person has to come to a judgement on a mass of this material, I think, is a ludicrous proposition. I think twelve people, or a jury of a similar number are much the best body. And of course the obvious thing about this is that Helen and Dave are ordinary people. So McDonalds are claiming that a jury can't understand it because they're ordinary people and not trained scientists or lawyers, but Helen and Dave should be able to understand it, and not only understand it, but represent themselves.
Additional to the jury and the point about the jury not understanding, one has to appreciate that what is also being said, quite anonymously, is that two ordinary defendants should be able to understand all the evidence, and that one leads into the corollary - where's the Legal Aid? What do you feel this trial really is about, then? The other one is the ability of those who exploit the environment in this way to contain their exploitation by effectively curtailing the freedom of speech. And what this company has done, and what all major international companies do - never mind governments, 'cause these companies have far more power now - we're taking about global economies - they have more power than Governments, is essentially that if you should raise your head above the parapet and say anything that's remotely critical of these companies, they threaten you with a writ straight away. And of course the pattern, trail, historical trail of the last ten years is that every time this company issues a writ people begin to tremble. Why? Not because they're not telling the truth, but because they haven't got the courage, they haven't got the resources, they haven't got the patience, and they haven't got the stamina - and these are major organisation and individuals, the BBC, Channel 4, The Guardian, other newspapers, societies and associations like the Vegetarian society and so on, - all have been attacked in this way, and all in the end, have had to back down. And I think that the way in which , therefore Speech, in its widest sense has been curtailed in the sense that you are effectively not allowed to speak. I think that we have to set that aside, alongside what is also going on in the political arena where there is also a form of censorship and a curtailment of Freedom of Movement and Speech in the Public Order Bill and all those other bits of legislation. So it's a two-pronged attack going on at the moment - a political one through the Government and an Economic one through these multinational corporations. So given all that you've just said about how unfair it is and how no one else has ever done this before, how well do you think Helen and Dave have done? They've taken on the companies that none of the other organisations who have got the resources have been prepared to do, and I think it's an example to the younger generation - and I say that with my hair turning grey very fast! - to the younger generation when there's a bankruptcy, a moral bankruptcy about society at the moment, and there's no real vision and no real leadership. Here are two people providing that and saying, 'Well, actually, we're concerned not for ourselves 'cause even if we win this action, we're going to give the money away'. So they're not doing for themselves - they're doing it for all of us, and they're seeing the globe as one entity that is being attacked in this way. So what they've done, it seems to me, is something that no one else has been prepared to put up with, and we should all be eternally grateful. How do you feel Helen and Dave have performed in the courtroom? I travel a reasonable amount, and on visits to the United States of America what interests me is that people who are conversant with daily life in America have no idea about this case. In other words, McDonalds have been extremely anxious to ensure that there is a cordon sanitaire put around this case, 'cause they recognise that what has been happening in court - the kind of statements - and some of them are quite ludicrous and laughable statements - coming out of executives of McDonalds and put onto the public platform, and concessions, for example, in some cases where they're having to recognise that statements that haven't been clear in the first place have been derived from the very factsheet which is they're (sic) complaining about, they're actually accepting as reasonable, and it's only when you see how this is turned around through their ability in court to put documents to various people that you see that in fact they've been making a lot of progress. There's one other point, which is that Helen and Dave have done very well at getting extremely quotable quotes from the top executives - sometimes ridiculous quotes - which will then presumably be used by all sorts of campaigning groups because they've been said in court. One of the legal ramifications of this case has been that McDonalds have quite clearly put a cordon sanitaire around the case. They recognise the ramifications of this case - were the truth about what has been said in court to be released onto the world stage, and I suspect one of the strongest motivations for ensuring no transcripts any more as they have withdrawn that agreement, is that they have suddenly recognised that things that have been said in court by their own executives not only are, in many instances, quite laughable, but also, in many instances, they're having (to) - and being forced into recognising - the truth of the material that was put out in the first place in the factsheet. Now, that is a success story in itself, and I think the idea that you'd be able to put onto the international stage the quotes of these various executives - now whether you put it on the Internet and you surf it, or whatever you do - the recognise now, and for ever more that they are going to be up for grabs, because what they said in court can be broadcast, there's no question about that - certainly their own words - and that's the success story. What do you feel are Dave and Helen's main achievements in this case? How much weight do you think can be given to the verdict itself? If it goes against McDonalds, again that will be useful in the sense that one goes back to all the people against whom they've issued writs, and who've been forced to back down and apologise, because in a sense they now are owed an apology - each one of them - and if it were possible for them to quantify the effects on their reputations of having to back down and issue apologies that basically were false apologies, then one would like to believe that a series of actions against McDonalds by those people might be launched.
So I think that's another ramification of this judgement. However, in practical terms it seems to be the real benefit of the case is not going to be the judgement because as I've said already I think it is an artificial mechanism that one man passes judgement on all this material - I think that is a human impossibility to come out with a sensible judgement about all this material one way or another. What is much more important is the material itself and that that is then recorded, written up, exposed by the media so the public have access because it's very difficult to see how many members of the public actually got into this tiny little courtroom on the Strand. Even more interesting, just how many journalists, both television journalists and newspaper journalists, have really bothered to follow this case? There's been very, very little attention paid to this trial by the media, both in terms of the news media and newspapers, and news media in terms of television journalists as well, and one suspects it's because they're afraid, and they're put in fear by the threat of writs and a major corporation. And it seems to be that that itself is a travesty of our so-called democratic society that there is this self-censorship and fear and the reason I say that is that this is the most important trial this century and it has received the least amount of coverage. Why do you think the trial is so important? What do you think about the counter claim brought by Helen and Dave against McDonalds?
Could you explain more about the counterclaim? Now that's an extremely difficult task in many instances. The other, besides document(s), is obviously a witness themselves (??). That's why you have to have - because McDonalds have challenged every single issue - a hundred and eighty witnesses, who've had to be called from across the world to deal with these things. And a way - mechanism - for in a sense, reversing the thread of the case has been for the defendants themselves - and I think it's quite a subtle move to have made - to bring a counterclaim against McDonalds, because McDonalds at the beginning of the case were attempting to put out - and were putting out - documents libelling the two defendants. So they're saying effectively, 'Well, you libelled us in the document you're putting out', so now the onus of proof is on McDonalds to show that the statements in the factsheet were false - because that's what they were claiming at the beginning of the trial. So you have two sides counter-claiming on the same issues, one having an onus of proof and the other having an onus of proof. So in that sort of legal sense, there's a slight equilibrium - not in the researching, plainly - but in, if you like, the onus of proof within the proceedings. Should the Special Branch have passed information on to McDonalds?
Certainly the security services and MI5 and so on have this superfluous building on Vauxhall bridge costing millions of pounds and nowhere to go - so what do they do? And I think it is outrageous that the Special Branch should be handing over personal material which they've no doubt got in all sorts of manner and means - some of them lawful, some of them unlawful - and then of course you have alongside that the Economic League, which itself is an extremely insidious organisation, the object of which is perfectly clear: it's to pick people out who are prepared to protest, who are prepared to speak and ensure that organisations like McDonalds know who they are and make sure that they don't get anywhere near their organisations, or if they're already employed, are isolated and got out. And part of that, of course, is to ensure that there's no trade union movement....McDonalds..'Oh, we want trade unions, it's just that we don't allow them to prosper'. Concisely... Who is at the centre of their interest at the moment now that there's a peace process in Ireland and now there's no longer a Cold War? Animal rights activists. How do they get their information? It's nothing to do with criminal offences, it's all to do with ensuring that you marginalise anyone who is trying to rock the boat - anybody who is trying to raise any kind of human interest and any kind of protest - and it is about protest, and it is about opposition: opposition of the kind that we've seen in Eastern Europe and will not be allowed here - and I think that this case demonstrates beyond peradventure what we've been believing all along - that the special branch is not serving the interests of the community. Are Helen and Dave justified in joining the spies as co-defendants? I think whatever the judgement, ordinary people have already made it very clear in their own statements that, because of the significance and importance of the evidence that has been disclosed and, in a sense, the untruths that have been told about the nature of the relationship between the big organisations and our environment, that people are now feeling that one of the contributions that they can make is to ensure that this information continues to be disseminated. And I think that's important because people at the moment do feel vulnerable and powerless, yet this action has shown that there is a way in which you can exercise power and influence, and there is a contribution you can make and actually it doesn't require a great deal of effort to disseminate information and be seen to be standing by those principals. So I think it's regenerated a from of courage and commitment and a stance upon principal, so I think that's another ramification and importance arising out of this action. What do McDonalds think about McSpotlight? And I think it's important that this is continued so that individuals on the other side of the world who've heard nothing about this case because it's been - there's been - this attempt by McDonalds to isolate its tentacles so that they aren't felt anywhere else, so that they can overcome that - Dave and Helen can overcome it - and the McInternet (sic) can overcome it by ensuring all this information is obtainable by anybody who wants it. Will McDonalds attempt to stop it? What do you think they are going to do about it? What are the implications for Richard Rampton personally if he's beaten by two members of the public? So I think he'd probably need a rest, as no doubt Dave and Helen will need a rest after it. And I think he would have to think carefully about the way forward for himself in this kind of arena. I don't suppose at the end of the day, given his reputation, it will make a lot of difference, because corporations actually will always go on justifying what they've done and they will always go on employing people like Richard Rampton because they will say they will justify what they've done, so I suppose in a sense, there will always be a pool of work for somebody like him, so I don't suppose he needs to worry. Might there be an argument for the reworking of the libel laws now? And then you have the category of case that we have here, which is extremely important and yet doesn't attract public support in terms of resources and money, legal aid and representation, and so therefore I think that's what has to be looked at again, and one may also have to look at the evidential burden that's placed on the defendant because I think it may be exacting too high a standard to say to somebody that they have to justify every jot and tittle of something that they're putting forward, provided they've done what is reasonable to research what it is they have to say, because one can only think in the arena of public debate the kind of things that get said by politicians on a daily basis without any foundation. So it seems to me that we do have to re-look at the whole gamut of law on this. Do you think there's an argument for multinationals coming into the same category of Governmental organisations which aren't allowed to sue for libel? What is the inside view of this trial from the legal profession? Should ordinary people have the right to criticise multinationals?
So criticism in itself... I know the public normally think that criticisms mean adverse criticisms - they don't. It means critique essentially. The public should be in a position to make judgements for themselves because we're dealing with individual welfare, and I must be in a position to decide whether I want - and this is the basic thing when I walk down the High St - do I want to go in there and participate in an organisation which is doing the kind of things that have been exposed in the case? |
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